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Employment Law Today

Tuesday, February 9, 2021
9
Feb
Facebook Live Video from 2021/02/09 - Healthy Business During Covid

 
Facebook Live Video from 2021/02/09 - Healthy Business During Covid

 

2021/02/09 - Healthy Business During Covid

[NEW EPISODE] Healthy Business During Covid

Is your business in good shape if audited by The NYS Department of Labor?



Compliant under OSHA's COVID-19 guidelines? Up to date with new regulations?



Tune in to 'Employment Law Today' on Tuesday, Feb. 9th at 5pm (EST), when Marc Roberts, Managing Partner of My HR Department and a recognized leader in the H.R. industry, and I will discuss H.R. issues facing small businesses, along with steps your company can take for peace of mind.


Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by clicking here.


Show Notes

Segment 1

Eric introduces his guest Marc Roberts, a recognized industry expert in human resources. They will be discussing issues small businesses face as well as ways to comply with the law. Marc observes some of the problems he has witnessed due to the new remote work environment and employer liability. He also notes the importance of being proactive rather than reactive when managing your office.

Segment 2

It can be difficult to keep up with the changes of law. Marc’s company tries to help businesses proactively fix what might be broken. From their experience, the ones who do have some past experience with HR trouble or connections that encourage them to make a change. During this pandemic there have been 9,000 covid complaints, which have translated into 1,800 lawsuits against their employer’s violations.

Segment 3

Marc gives an example of how he would help a company walk their way to compliance. When consulting he looks at some of their broken compliance areas immediately and tells them how to make proper changes. Their solutions are always scalable depending on the needs of the company.

Segment 4

Marc believes that companies should hire an HR consultant group to develop a proper foundation. Your employees are your biggest investment in a business. To contact MY HR Department for a consultation, call 914-243-9155. Marc can also be reached via email at marc@myhrd.biz.


Transcript

00:00:57.480 --> 00:01:10.920 Eric Sarver, Esq.: Good evening, welcome to employment law today i'm your host Eric solver i'm an employment law and business law attorney and host of the weekly show employment law today here on talk radio nyc.

00:01:11.340 --> 00:01:27.180 Eric Sarver, Esq.: And tonight we'll be discussing another employment related issue that's important too small and mid sized businesses, as we do each week and my guest tonight is a special guest my friend and colleague mark Roberts mark, welcome to the show.

00:01:28.710 --> 00:01:29.640 Marc Roberts: glad to be here Eric.

00:01:30.840 --> 00:01:41.400 Eric Sarver, Esq.: Excellent i'm going to give you a proper introduction in a moment, read a little bit about you and your bio and let our guests know what you do and with my HR department.

00:01:42.240 --> 00:01:48.780 Eric Sarver, Esq.: First, I thought I would just pivot over to our topic tonight topic being having a healthy business during coven.

00:01:49.320 --> 00:01:57.240 Eric Sarver, Esq.: By healthy, we mean having one that is in compliance as a strong foundation if faced with audits or review or lawsuits.

00:01:57.900 --> 00:02:06.540 Eric Sarver, Esq.: And in that topic in that vein, I say that with all the covert 19 related changes that businesses are seeing over the past 11 months.

00:02:07.080 --> 00:02:13.740 Eric Sarver, Esq.: including new laws and regulations we have new ways of interfacing with clients and with employees in the workforce.

00:02:14.340 --> 00:02:29.340 Eric Sarver, Esq.: And so I think it's important for business owners to ask themselves is my business in good shape, if i'm audited by the Department of Labor or by the workers compensation board, am I following up with osha's coven 19 guidelines for employees and the workspace.

00:02:30.690 --> 00:02:38.760 Eric Sarver, Esq.: So my next guests, as I mentioned mark lab is an industry expert in human resources, and he and I it with my hat on his employment law attorney.

00:02:39.120 --> 00:02:45.690 Eric Sarver, Esq.: know all too well the perils business owners face when they are out of compliance with Labor and employment law.

00:02:46.650 --> 00:02:51.540 Eric Sarver, Esq.: So in this episode we'll talk about some of the areas where businesses tend to fall out of compliance.

00:02:52.080 --> 00:03:09.570 Eric Sarver, Esq.: Will will address why such lack of compliance should be on your radar in the coming year and, lastly, mark and I will talk about some ways market share from the HR perspective, how companies can move towards compliance and away from hefty fines and penalties.

00:03:11.640 --> 00:03:19.770 Eric Sarver, Esq.: I will recently about mark, I just want to note though that was speaking about some legal issues and that, by way of disclaimer the conversation tonight the.

00:03:20.730 --> 00:03:28.710 Eric Sarver, Esq.: Opinions we give the thoughts, the tips are not meant to be either binding legal advice or creating an attorney client relationship.

00:03:29.580 --> 00:03:36.840 Eric Sarver, Esq.: bear with me folks I am a lawyer so slammers come second nature to me but important folks you know that if you have a question from tonight's episode.

00:03:37.470 --> 00:03:44.640 Eric Sarver, Esq.: feel free to contact mark Roberts feel free to contact myself Eric savoured and we can discuss your situation individually.

00:03:45.420 --> 00:04:00.000 Eric Sarver, Esq.: So with that the me mark me read your intro and then I have some questions i'll ask you and give you a chance to showcase for us what you do and and all the amazing things that i've heard and i've seen you do when you and I have co presented together so.

00:04:00.930 --> 00:04:01.680 Eric Sarver, Esq.: As I mentioned.

00:04:02.820 --> 00:04:05.400 Eric Sarver, Esq.: Sure, as I mentioned my guest mark Roberts.

00:04:05.430 --> 00:04:14.880 Eric Sarver, Esq.: is recognized senior Iser he is a leading HR industry consultant and managing director of my HR department mark is a recognized.

00:04:15.420 --> 00:04:23.820 Eric Sarver, Esq.: industry leader whose leadership style effectively balances a pragmatic management approach with strong creative and innovative skills.

00:04:24.570 --> 00:04:30.480 Eric Sarver, Esq.: throughout his career mark has proven that he can achieve results, regardless of the challenges before him.

00:04:30.840 --> 00:04:41.760 Eric Sarver, Esq.: roster only career was an audit and assurance with video Simon and after several years of video he moved over to the corporate side, but the various domestic and international business will host.

00:04:42.510 --> 00:04:52.200 Eric Sarver, Esq.: With companies like Kraft foods Adidas USA and continental green a mark left the corporate world moving into freelance consulting for several years.

00:04:52.620 --> 00:05:02.340 Eric Sarver, Esq.: Prior to forming his own executive search organizations infinity partners and search support group and over the years, marks work closely with CEOs and entrepreneurs.

00:05:02.820 --> 00:05:10.740 Eric Sarver, Esq.: Mark so the need for concierge HR services for the small to mid sized business where there's a pressing need for human resource support.

00:05:11.220 --> 00:05:20.040 Eric Sarver, Esq.: But not the ability to sustain full time staff Lastly, in terms of Marks background, he holds an MBA from pace university and a bs degree from leaving college.

00:05:20.550 --> 00:05:28.260 Eric Sarver, Esq.: Mark serves on the Advisory Board of the West Chester biotech project and is a frequent speaker at the women's enterprise Development Council.

00:05:28.770 --> 00:05:39.690 Eric Sarver, Esq.: he's also co chair of networking professionals of westchester a business networking group and as an advisory board member of the networking group a nationally based business organization.

00:05:40.500 --> 00:05:44.880 Eric Sarver, Esq.: All that to say that mark really knows his stuff and i'm very happy to have you on the show tonight mark welcome.

00:05:45.630 --> 00:05:50.070 Marc Roberts: Thank you so much it's a pleasure to be here and i'm excited to talk about these topics.

00:05:51.570 --> 00:06:04.320 Eric Sarver, Esq.: Sure thing well you know first question i'd have to eat more healthfully my sound is okay here, but I just want to be yep sounds good to me okay first question would be addressing the the pandemic.

00:06:05.400 --> 00:06:15.570 Eric Sarver, Esq.: From the HR perspective over the past 11 months what factors what factors have you observed, is causing potential compliance problem for him for employers today.

00:06:17.100 --> 00:06:27.300 Marc Roberts: Well there's been so many of them I guess i'll start with the remote work concept, where so many employers have now gone from a brick and mortar environment where everybody would report to work.

00:06:27.750 --> 00:06:36.780 Marc Roberts: To all of these remote workplaces that are not only geographically dispersed from where the hub of the businesses but they're now across the country.

00:06:37.290 --> 00:06:42.210 Marc Roberts: And what we're finding is a lot of employers have gotten into trouble on several fronts one.

00:06:42.540 --> 00:06:53.310 Marc Roberts: Not understanding that now that you have employees and these other state and local municipalities you're now on the hook for the compliance and tax issues and accounting issues.

00:06:53.610 --> 00:06:58.830 Marc Roberts: that are required by being a business in those locales and.

00:06:59.340 --> 00:07:14.430 Marc Roberts: To the employers Defense Yes, they had to these things you know, one day, they were running your business on a Tuesday and by Wednesday now they had remote workers and then people just dispersed all over the country but, nonetheless, these things are still happening.

00:07:15.630 --> 00:07:24.690 Marc Roberts: Even things as simple as relying on a payroll company to help them, we had one client that had somebody I can't I think was somewhere out in the Midwest and.

00:07:25.230 --> 00:07:38.430 Marc Roberts: The payroll company had no idea that the local municipality had a payroll tax we raise that to them when they you know when we found it and so it's little things it's it's reliance on.

00:07:39.270 --> 00:07:44.910 Marc Roberts: it's either moving too fast and not having the right information or relying on not necessarily the best sources.

00:07:46.590 --> 00:07:52.590 Marc Roberts: Other issues and one of the things I think you and I discussed is now that employees are working from home.

00:07:53.910 --> 00:07:56.430 Marc Roberts: What happens to employer liability.

00:07:57.480 --> 00:08:08.400 Marc Roberts: Is that now an extension of the workplace is their liability if I fall over the cables that I have now strong through my kitchen or living room to set up my workspace.

00:08:08.730 --> 00:08:21.270 Marc Roberts: Okay, if i'm an employee, maybe i'm not covered its workers COMP for me, but if my spouse or the janitor happens to come up and fix a leaky faucet and TRIPS over those wires who's responsible.

00:08:21.900 --> 00:08:35.670 Marc Roberts: I might now an extension of the workplace or am I now the individual working from home that's an area that i've talked to insurance executives i've talked to attorneys and then i'm not I haven't gotten a definitive answer yet and.

00:08:38.160 --> 00:08:46.650 Marc Roberts: And it, you know and then there's the issues of insurance having the right insurance when you know, not only from the liability side, but what what other insurances do you need to have.

00:08:47.310 --> 00:08:55.830 Marc Roberts: For these remote workers and whatnot and and equipment and technology any other The other thing i'll say before we go to the next topic is that.

00:08:56.610 --> 00:09:09.690 Marc Roberts: Employers have gone from secure workplaces where they've spent a lot of time and a lot of energy on ensuring that they have a cyber secure workplace to.

00:09:10.050 --> 00:09:22.560 Marc Roberts: People leaving that office and going home and immediately working on ipads cell phones laptops desktops a fragmented network that no longer have.

00:09:22.950 --> 00:09:39.300 Marc Roberts: The security that the employer once had when everybody was under the controlled environment of the workplace and now all of these things are tapping into that secure environment without all the security So these are all the different things that we have run into along the way, and.

00:09:40.380 --> 00:09:46.920 Marc Roberts: You know so it's it's been really a very interesting and eclectic mix of problems that we have have found.

00:09:48.600 --> 00:10:01.890 Eric Sarver, Esq.: Absolutely, you know mark, I found some similar problems, well, I think you touched upon a lot of issues there that it goes to show the need, first of all for someone like yourself users is for HR manager department.

00:10:02.820 --> 00:10:08.490 Eric Sarver, Esq.: HR consultant, because a business owner, right now, from what I found my clients they're so focused on.

00:10:08.820 --> 00:10:18.510 Eric Sarver, Esq.: Making sure they keep the lights on and trying to keep up with all the different local code regulations if there, for example, a restaurant, can they have curbside pickup that they're an office.

00:10:19.200 --> 00:10:27.120 Eric Sarver, Esq.: They allowed to open under what circumstances, and I think when that happens, as you pointed out, and when things happen so quickly, all the sudden everyone's.

00:10:27.870 --> 00:10:36.030 Eric Sarver, Esq.: going from coming to the workplace on 49 street and seven to working from you know their maybe their parents house and other state or home.

00:10:36.510 --> 00:10:49.350 Eric Sarver, Esq.: You definitely get those issues, I mean you talked about out of state compliance, I found that not only tax and certainly issues around payroll tax, but also the questions have paid right pto and basically some some news.

00:10:50.370 --> 00:11:06.120 Eric Sarver, Esq.: Other states have managed brain right like New York City, basically, even so, you can have an employee, you know say staying with their family in Seattle and your companies in New York New Jersey well, you have to make sure you're abiding by those rules and as well.

00:11:07.170 --> 00:11:15.180 Eric Sarver, Esq.: I think you know just to comment, a little bit more on this as well that I think that point you raised about the remote work situation.

00:11:16.320 --> 00:11:23.790 Eric Sarver, Esq.: And certainly cyber security comes up with the workers COMP situation or the liability from the employer to others like a third party.

00:11:24.480 --> 00:11:31.320 Eric Sarver, Esq.: It is because, on one hand, you know we've seen cases even before Kobe were saying i'm an employee is.

00:11:31.830 --> 00:11:45.690 Eric Sarver, Esq.: forced to work home they're working remotely it's part of their job and they might have, as you describe cable setup par for the course or their computer let's say or their equipment and they trip over it, and that's a workplace because they're working from home.

00:11:46.710 --> 00:11:52.890 Eric Sarver, Esq.: And then various be pre coven you may have had employees to work, one or two days from home rate voluntarily.

00:11:53.340 --> 00:12:03.750 Eric Sarver, Esq.: But I know that when the employer is when the employee rather is forced to work from home, such as rain Clovis we a lot of places to shut down a lot of employers told employees either you cannot work in here.

00:12:04.140 --> 00:12:15.060 Eric Sarver, Esq.: Because of the State rules or they just decided on their own that policy and said hey we're not gonna open office till 2022 so, so I think you know you raise all good points about liability.

00:12:16.560 --> 00:12:21.960 Eric Sarver, Esq.: That whole workers COMP and then the issue of extended liability into what point in the person prove.

00:12:22.710 --> 00:12:33.030 Eric Sarver, Esq.: That they weren't fault and so definitely, I think, to sum up there there's a lot of issues that people might not have been thinking about people that they thinking about now, I think, would that be fair to say.

00:12:33.900 --> 00:12:42.090 Marc Roberts: Oh absolutely and you know, I have to two phrases that I use all the time, one is set up, is always cheaper than clean up.

00:12:42.630 --> 00:12:53.040 Marc Roberts: Some people laugh at that, but there's really a very important message in there and the other issue is HR is a risk mitigation tool.

00:12:53.370 --> 00:13:05.310 Marc Roberts: It should not think of it as an overhead just like you buy insurance to protect your building from burning down your assets you buy car insurance you buy health insurance against risks that you can't see.

00:13:05.970 --> 00:13:21.690 Marc Roberts: HR is a risk mitigation tool that should be you know put in the same bag, as your other insurance policies and it's just critical that a lot of people just don't look at that we will HR it's an overhead I don't need to spend the money.

00:13:22.290 --> 00:13:35.010 Marc Roberts: And everything is great until it's not either there's a lawsuit a government agency comes in and slaps them with fines for the simplest things, and you know.

00:13:36.030 --> 00:13:43.770 Marc Roberts: All bets are off at that point, we had a client one time that was boasting to me that he just settle the case for $150,000.

00:13:44.280 --> 00:13:58.500 Marc Roberts: And I said to him, if you would call this probably four weeks earlier, you might have had an extra hundred thousand in your bank account, because we could have mitigated the situation that you were in and he just just didn't get it just didn't get it i'm like.

00:13:58.530 --> 00:13:59.100 Eric Sarver, Esq.: Okay.

00:13:59.370 --> 00:14:03.750 Marc Roberts: You know yeah some people buy life insurance, some people don't that's.

00:14:07.710 --> 00:14:12.990 Eric Sarver, Esq.: You know, we have a commercial break coming up, but I only come back i'd love to talk more about that the idea of.

00:14:13.650 --> 00:14:19.770 Eric Sarver, Esq.: That phrase that setup setup is cheaper than cleanup absolutely and the whole idea of being proactive.

00:14:20.190 --> 00:14:28.530 Eric Sarver, Esq.: is so much there's so much less of a time factor of money, expensive and headache than there is and being reactive to a driver for legal problem.

00:14:28.770 --> 00:14:47.820 Eric Sarver, Esq.: or an HR problem so folks, we need to take a commercial break we'll be back in a moment i'm Eric solver host of employment law today here on talk radio nyc with my guest tonight, Mr mark Roberts HR consultant and managing partner of my HR department stick around we'll be right back.

00:17:42.960 --> 00:17:54.060 Eric Sarver, Esq.: Welcome back to employment law today i'm your host Eric sovereign here tonight with my guest mark Roberts HR industry consultant and managing partner of my HR department.

00:17:55.050 --> 00:18:04.230 Eric Sarver, Esq.: Before the commercial break mark raised a very good point about the importance of seeing HR as a risk mitigation.

00:18:04.710 --> 00:18:09.960 Eric Sarver, Esq.: seeing it as a type of insurance against the type of the sorts of problems that a company can have.

00:18:10.920 --> 00:18:19.350 Eric Sarver, Esq.: I want to circle back to this point because i'm going to ask you a question in a moment, but before I do I want to just state, something that i've observed from my clients.

00:18:19.860 --> 00:18:28.770 Eric Sarver, Esq.: Over the years, over the years, I found that more clients come to me from their react have them practice it they get a department of Labor.

00:18:29.250 --> 00:18:34.980 Eric Sarver, Esq.: Investigation notice or an audit saying hey we think you'd misclassified all your independent contractors.

00:18:35.790 --> 00:18:46.350 Eric Sarver, Esq.: Or we see some overtime violations and, as you pointed out, mark, had they come sooner they would have perhaps saved much more money if they had a better.

00:18:46.950 --> 00:18:56.550 Eric Sarver, Esq.: let's say a means of proactively approaching incorrectly classifying people, so I guess the point i'm making is that i've seen how for up by what you're saying is true that.

00:18:57.840 --> 00:19:12.510 Eric Sarver, Esq.: being proactive is often cheaper than being reactive, I was wondering, do you see any reasons why the risk of let's say a New York State Audit might increase over the next year or so.

00:19:14.130 --> 00:19:26.940 Marc Roberts: Oh absolutely, this is another one of my sticking points in 2007 2008 when we went through the financial crisis federal state and local coffers were drained.

00:19:27.720 --> 00:19:39.990 Marc Roberts: Last tax revenue lost employment tax revenue lost sales because business is just sort of collapsed fast forward now to 2020 now I don't do you have lost.

00:19:40.920 --> 00:19:50.340 Marc Roberts: wages in generating employment tax revenue, you have lost business revenue, you have state local federal state local governments spending billions of dollars.

00:19:50.670 --> 00:20:03.180 Marc Roberts: On code relief, whether that be unemployment, whether that be helping to get vaccines rolled out where do federal state and local governments get their money from.

00:20:03.990 --> 00:20:15.750 Marc Roberts: and get it from businesses, they get it from revenue, so one of the article areas of low hanging fruit are is Labor Labor audits.

00:20:16.320 --> 00:20:36.300 Marc Roberts: We had seen in the past that there was a sharp uptick in a number of clients that were suddenly getting letters from department of Labor both federal and local requesting information we did see several instances where various government agencies walked in with warrants unexpectedly.

00:20:37.620 --> 00:20:39.150 Marc Roberts: One in particular was a.

00:20:40.800 --> 00:20:48.480 Marc Roberts: Cleaning service in lower Manhattan that had 400 employees, they walked in one day and wanted to see all their immigration documents.

00:20:49.080 --> 00:20:56.010 Marc Roberts: Fortunately for them, they were all buttoned up and didn't have any long term issues.

00:20:56.580 --> 00:21:05.760 Marc Roberts: But look the average business owner, but government agency comes in, whether your records are complete or incomplete they're going to be in your hair, for a period of time it's going to be disruptive.

00:21:06.240 --> 00:21:11.460 Marc Roberts: The best you can hope for is that you're all buttoned up and they leave after a few days of finding nothing.

00:21:12.000 --> 00:21:22.290 Marc Roberts: Should they find situations that they can find you for they're going to be in there longer and the bad news is when they leave at the end of the process you're going to get an invoice.

00:21:22.710 --> 00:21:44.130 Marc Roberts: Whether it's a miss filled out I nine form classification issues you're going to get an invoice and it's going to be in some cases, as you know, Eric treble damages um you know so being proactive, you can have an HR audit, perhaps to see where you might be exposed from a compliance standpoint.

00:21:45.420 --> 00:21:52.110 Marc Roberts: You can update your handbook but the average business owner doesn't know what they don't know the employment law landscape.

00:21:52.650 --> 00:21:58.620 Marc Roberts: Changes in some some weeks it feels like hourly and no business owner can keep up with that.

00:21:59.070 --> 00:22:06.660 Marc Roberts: They can't keep up with the changes they can't do the research they can't interpret it they can't roll it out and then make sure they're doing everything right so.

00:22:07.320 --> 00:22:17.850 Marc Roberts: being proactive is really important, and can save a ton of money, and you know that's where you and I come in to this, as we talked about.

00:22:18.990 --> 00:22:30.690 Marc Roberts: there's kind of two types of HR HR consultants in the world there are companies like mine that try to proactively get people to fix things that might be broken.

00:22:31.230 --> 00:22:43.530 Marc Roberts: And then, when they don't follow our guidance they end up coming to other HR consultants like yourself, who are in the employment law space and if they would just work with us collaboratively upfront.

00:22:45.450 --> 00:22:57.870 Marc Roberts: God the world, be a better place everybody would be happy, there would be no fines there wouldn't be no lawsuits will you know, for the most part we would hope for that, but it's it's proactive versus reactive.

00:23:00.180 --> 00:23:09.570 Eric Sarver, Esq.: So, to mark, I mean it's interesting because I definitely see now I have those types of clients that are reactive and usually the practice clients that i've seen over the years.

00:23:09.870 --> 00:23:15.720 Eric Sarver, Esq.: either, and I think united united discusses I think we talked about this either they themselves went through.

00:23:16.470 --> 00:23:23.070 Eric Sarver, Esq.: A department of Labor audit investigation or some kind of a heavy fine in a past business and they say to themselves.

00:23:23.430 --> 00:23:32.430 Eric Sarver, Esq.: Okay i'm starting fresh I don't want this to ever happen again, or they have a close friend, maybe a brother in law and business or neighbor or networking.

00:23:32.820 --> 00:23:41.730 Eric Sarver, Esq.: colleague of ours, who is in business and they've actually taken a hit and they see them talking about like $120,000 say bill from the Department of Labor for.

00:23:42.030 --> 00:23:55.830 Eric Sarver, Esq.: misclassified workers in back taxes and wages, and so they get scared much like if we hear about say a neighbor our age who suddenly has a heart attack and you know, and you think God have I been for a checkup in a while, and you know as it starts to make you wonder.

00:23:56.940 --> 00:24:02.400 Eric Sarver, Esq.: So I definitely hear what you're saying about the also the low hanging fruit in the time when.

00:24:02.940 --> 00:24:09.480 Eric Sarver, Esq.: The states and the government's is a federal state city are looking for money and they know that business owners do not.

00:24:09.810 --> 00:24:18.810 Eric Sarver, Esq.: Always in fact they rarely dot our i's and cross our t's around these issues of employees and workplace, so you know it's I think it's absolutely essential you're right, and I think that.

00:24:19.200 --> 00:24:36.540 Eric Sarver, Esq.: That the combo force of speaking with your HR consultant, such as your company and speaking with your employment lawyer, can be a way that businesses can really protect themselves insulate themselves and reduce the risk of that ginormous bill from the Department of Labor workers COMP.

00:24:37.380 --> 00:24:47.910 Marc Roberts: News here's a very interesting statistic, you know we talked about the covert issues that are out there today and it's gotten, to the point where several firms have now set up these.

00:24:48.540 --> 00:24:53.220 Marc Roberts: dashboards where they're tracking the increase in coven related lawsuits.

00:24:53.580 --> 00:25:05.160 Marc Roberts: And right now, the statistics and we're just about into this for a year, there have been roughly 9000 covert complaints that have translated into roughly 1800 lawsuits.

00:25:05.640 --> 00:25:22.200 Marc Roberts: A couple of interesting statistics, one about 30% of the lawsuits that have actually been filed are in companies from one to 50 employees small business owners be warned, this is where it's happening, and you know where the a lot of the problems are coming whistleblowers.

00:25:23.070 --> 00:25:26.670 Marc Roberts: There are so many employees that have gotten furloughed laid off.

00:25:26.940 --> 00:25:34.470 Marc Roberts: People are just cranky and understandably so, you know we're not we're not designed as human beings to live in a cave and be happy about it for a year, at a time.

00:25:34.860 --> 00:25:41.340 Marc Roberts: But there's a lot of whistleblower complaints, where these employees and now making a phone call and reporting their employers for.

00:25:42.180 --> 00:25:53.010 Marc Roberts: PPP loan violations SBA loan violations, so it can come from anywhere So the message is to be very careful.

00:25:53.520 --> 00:26:01.170 Marc Roberts: Try to treat your employees as best you can always try to do the right thing, even though sometimes it's not always affordable.

00:26:01.800 --> 00:26:12.000 Marc Roberts: But you have to treat your employees, like the investment that they are in your business but, again, with all the lawsuits going on, and this is only going to get worse over time.

00:26:13.110 --> 00:26:25.710 Marc Roberts: You know what businesses with employees from one to 50 only about 30% of all the lawsuits across the country, and this is a proven statistic scary very scary by were small business owner.

00:26:27.930 --> 00:26:35.790 Eric Sarver, Esq.: Absolutely, yes, I mean I am glad you pointed out that, too, because I think a lot of businesses that i've spoken with are under the Miss guided impression.

00:26:36.180 --> 00:26:41.700 Eric Sarver, Esq.: That either a and the government will really only go after the big giant companies, you know they see in the news.

00:26:41.970 --> 00:26:53.220 Eric Sarver, Esq.: uber is he Google is uber or lyft or other, and they think okay well that's not me but, as you pointed out, I heard similar statistics to you, but mark about 30% or so of.

00:26:53.670 --> 00:27:02.670 Eric Sarver, Esq.: The businesses that are at the receiving end of these complaints are often less than 50 employees, so I think it's important to note that you've got.

00:27:03.150 --> 00:27:10.680 Eric Sarver, Esq.: Several factors now drink Kool aid right you've got the states in need of money and so therefore looking to up their artists, because that's where they get their money.

00:27:11.460 --> 00:27:21.630 Eric Sarver, Esq.: you've got more people being laid off more people being followed and therefore some of those people, you know will understand and shake hands and walk away and others might be disgruntled and.

00:27:22.320 --> 00:27:27.270 Eric Sarver, Esq.: If the disgruntled, the more likely to say hey you know what my employers workplace was not safe and.

00:27:27.780 --> 00:27:30.960 Eric Sarver, Esq.: They say, no one can make your complaint and so i've had people say to me well.

00:27:31.440 --> 00:27:37.020 Eric Sarver, Esq.: what's the point and I think your messages to be careful right, you said, as you mentioned, to your employees well do the right thing.

00:27:37.320 --> 00:27:46.290 Eric Sarver, Esq.: The message is not to be terrified or paralyzed by fear, because even though an employee can make a complaint and if your workplace is in good shape.

00:27:46.650 --> 00:27:51.000 Eric Sarver, Esq.: You can defend against that you know i've had clients over the years, I had a client recently.

00:27:51.630 --> 00:28:00.120 Eric Sarver, Esq.: They let someone go and they said they think that person may have filed an OSHA complaint, saying that the place was not coven 19 safe or did not comply with ocean.

00:28:00.840 --> 00:28:08.970 Eric Sarver, Esq.: Thankfully the The company had worked with me and we went over all the different the CDC guidelines this local state and local guidelines.

00:28:09.570 --> 00:28:16.800 Eric Sarver, Esq.: To make sure that their offices were, in fact, complete with the proper spacing the proper protective gear.

00:28:17.460 --> 00:28:30.000 Eric Sarver, Esq.: The glass shielding the staggered shifts the sanitation and they had also documented all these different steps, so the company is still waiting for word back from this possible our complaint, but.

00:28:30.420 --> 00:28:39.510 Eric Sarver, Esq.: it's an inconvenience, but it would be much worse for them if they hadn't taken those steps, so I really appreciate what I hear you saying the message about right be.

00:28:40.140 --> 00:28:53.280 Eric Sarver, Esq.: You know, be proactive and since companies have to run their business right they can't all be like you and I are checking all the updates in the law, and I think your answer kind of had last year right, it is the employment law seem to change.

00:28:55.020 --> 00:29:03.480 Eric Sarver, Esq.: quite frequently do seek guidance on vaccination and and whether or not that could be mandatory or not, or if companies can give incentives for employees.

00:29:04.170 --> 00:29:14.970 Eric Sarver, Esq.: You know, to get the vaccine does that bother the Ada because you're asking for medical information and, potentially, so a lot of a lot of issues, and I think, to sum it up there, I think, definitely.

00:29:15.480 --> 00:29:23.520 Eric Sarver, Esq.: Treating your employees right is the way to go, but also, as you pointed out earlier in the show you don't know what you don't know and that's, I think, where you and I come in.

00:29:24.540 --> 00:29:37.770 Eric Sarver, Esq.: We have to take a commercial break we come back, I want to turn the floor over to you more to talk about some concrete steps, maybe some ways that my HR department helps businesses to stay compliant with the law so.

00:29:38.700 --> 00:29:49.620 Eric Sarver, Esq.: folks i'm Eric sorry, this is my guest tonight is mark Roberts managing partner of my HR department we're taking a commercial break here and employment law today stick around we'll be right back.

00:32:11.460 --> 00:32:20.160 Eric Sarver, Esq.: Welcome back to employment law today i'm your host Eric solver here with my guest tonight mark Roberts i'm an employment law business law attorney mark is.

00:32:20.550 --> 00:32:33.750 Eric Sarver, Esq.: An HR consultant and managing partner of my HR department and mark helps businesses to proactively get in compliance with the various Labor and employment laws and regulations.

00:32:34.200 --> 00:32:41.580 Eric Sarver, Esq.: that govern businesses that don't end up in serious trouble and then coming to me later for expensive defensive litigation.

00:32:42.180 --> 00:32:49.080 Eric Sarver, Esq.: So mark and I want to thank you so far, all you've been saying on the show tonight you know just your if I can recap, a bit for those joining us late mark talked about.

00:32:50.100 --> 00:32:56.790 Eric Sarver, Esq.: Well, first off mark identified the various areas that we're seeing an uptick in compliance issues, just to recap for people joining us now.

00:32:57.540 --> 00:33:05.850 Eric Sarver, Esq.: We talked about the questions around people working from home during coven and how that implicates possible workers compensation.

00:33:06.510 --> 00:33:11.280 Eric Sarver, Esq.: Law claims is there is the workplace now rather as the home and extension, the workplace.

00:33:11.880 --> 00:33:19.350 Eric Sarver, Esq.: talked about what happens when a company's employees are scattered now in different states and how business owners might not realize.

00:33:19.830 --> 00:33:30.360 Eric Sarver, Esq.: That they have now new laws to ticket time with my other states around taxes and pee pee pee and around payroll and paid vacation paid time off rather pto.

00:33:31.080 --> 00:33:38.370 Eric Sarver, Esq.: So really just getting into the nitty gritty and then mark talked a bit about we discussed that the sort of the the old adage.

00:33:39.180 --> 00:33:49.440 Eric Sarver, Esq.: That announcer prevention is worth a pound of cure and talking about you know the the ways in which one can use my HR department services to.

00:33:50.100 --> 00:33:53.880 Eric Sarver, Esq.: To make sure they're following the laws in the first place that they don't get into trouble.

00:33:54.240 --> 00:34:10.440 Eric Sarver, Esq.: That can be very expensive later on such want to sum that up for those people joining us late, and with that I wanted to ask, mark you know turn the floor over to your company my HR department, can you give us a few examples, concrete examples of how you might let's say walk company through.

00:34:12.060 --> 00:34:13.530 Eric Sarver, Esq.: on the road to compliance.

00:34:14.580 --> 00:34:18.510 Marc Roberts: yeah i'm happy to and before I get into the specifics of that the other thing you know.

00:34:19.260 --> 00:34:34.560 Marc Roberts: we've talked a lot about fines and penalties, but the other thing that a lot of companies don't realize or don't think about early in the game is that fines and penalties, yes they're very annoying but they've spent their lifetimes in some places, building a brand.

00:34:35.850 --> 00:34:52.140 Marc Roberts: And their brand is so very important you don't want to see your brand on the front page of the local paper or even God forbid a national paper where your company has been cited for some a gracious Labor violation or some other.

00:34:53.100 --> 00:35:04.740 Marc Roberts: Discriminatory issue, because not only are you going to suffer from the the slings and arrows of fines and penalties and litigation, but your brand is going to be.

00:35:06.000 --> 00:35:07.050 Marc Roberts: Really damaged.

00:35:08.190 --> 00:35:15.660 Marc Roberts: And I guess, I asked is it worth it to not only did to sort of as a friend of mine likes to say tiptoe past the graveyard.

00:35:16.080 --> 00:35:25.080 Marc Roberts: Take the chance of tiptoeing past the graveyard and have your brand damage in addition to the internal financial considerations so.

00:35:25.710 --> 00:35:37.290 Marc Roberts: As a company, there are several things that we do for employers, the first thing is if they're really not sure where their compliance stands, we like to go in and do an HR on it.

00:35:37.770 --> 00:35:44.640 Marc Roberts: That sort of levels, the Foundation, we go in and look at all the areas of compliance we looked at all of their business practices.

00:35:45.240 --> 00:35:49.680 Marc Roberts: and afterwards we come back to them with a report and tell them where they might be exposed.

00:35:50.190 --> 00:35:58.290 Marc Roberts: And what kind of business practices they ought to change so that I like to do that with new clients right out of the gate because then we know what we're dealing with.

00:35:58.890 --> 00:36:07.050 Marc Roberts: And it's very important to fix those broken compliance areas immediately because, again, you never know who's walking in the door, the next day.

00:36:08.250 --> 00:36:15.240 Marc Roberts: So that's number one, as you know, Eric having an updated employee handbook is paramount.

00:36:16.830 --> 00:36:25.380 Marc Roberts: I have seen companies that say well i'm going to get out get the handbook from my brother in law's company and for those that are old enough to remember mad libs.

00:36:25.710 --> 00:36:36.090 Marc Roberts: You know you put a noun an adjective and a verb in certain places, or just replaced the company name and suddenly you have a handbook and you've saved yourself a gazillion dollars well a very quick.

00:36:36.570 --> 00:36:44.880 Marc Roberts: story, we had an insurance company that called us one day and said we never realized, we had such robust maternity leave policies.

00:36:45.210 --> 00:36:51.960 Marc Roberts: What are you talking about well, one of our employees, you know, is now going on maternity leave and she now told us about.

00:36:52.260 --> 00:37:01.380 Marc Roberts: All of these benefits that she now has and we were shocked and she showed it to us in the handbook where did you get the handbook well, we got it from some industry guy.

00:37:02.010 --> 00:37:09.570 Marc Roberts: That gave us a template and we change change the name and now they were on the hook, for it for huge dollars.

00:37:09.960 --> 00:37:16.890 Marc Roberts: And that's sort of a funny story, because it was maternity leave, unfortunately, you know the person went off to have a successful birth of their child.

00:37:17.220 --> 00:37:20.940 Marc Roberts: And the company wasn't severely damaged, but that could have gone the other way.

00:37:21.600 --> 00:37:28.620 Marc Roberts: yeah as you and I both know, so we will we will do a custom handbook for companies it's not a template.

00:37:28.980 --> 00:37:42.420 Marc Roberts: All of our handbooks are you know customized not only federal state and local laws pretty standard for most people, but then there are the in the idiosyncrasies of the business that have to be compliant as well, and that is all reviewed.

00:37:43.290 --> 00:37:50.760 Marc Roberts: So that's number one and then what we'll do a lot of clients hire us to keep their handbook as a living document, where we will monitor compliance.

00:37:51.270 --> 00:38:04.860 Marc Roberts: For example, we have a company that's now working in 12 states where they were formerly just in New York City we monitor the employment law landscape and those 12 states on a monthly basis and then it's just good business practices now.

00:38:06.060 --> 00:38:18.630 Marc Roberts: we've had clients through the pandemic that were having a hard time getting PPP we went out and found a PPP supplier that work with our clients to make sure that their businesses could open and they had sufficient supplies so.

00:38:19.770 --> 00:38:21.720 Marc Roberts: Our solutions are scalable.

00:38:21.870 --> 00:38:32.610 Marc Roberts: it's not boilerplate it's really depends on the needs of the company, but we focus on compliance and being responsive to their needs, getting you know getting that done on a timely basis so.

00:38:33.120 --> 00:38:47.550 Marc Roberts: And both from a tactical day to day to a strategic employment, employment strategic HR view as well again all depending on the size of the company, where they want to go what their problems in history have been.

00:38:51.960 --> 00:39:01.830 Eric Sarver, Esq.: Right it's well first off I I am so with you in the employee handbook I write them as well for clients, as you know, and I know you do also and.

00:39:02.550 --> 00:39:11.250 Eric Sarver, Esq.: One thing i've noticed that the number of business owners who are first one, as you said, to either you know use one day bar from somebody or a.

00:39:11.250 --> 00:39:19.290 Eric Sarver, Esq.: template like the mad libs analogy so just filling in changing the name and you know I often use the analogy, and maybe you can identify to it that.

00:39:19.770 --> 00:39:30.120 Eric Sarver, Esq.: Using the same hymn book is someone else when you're in a whole other industry is like saying you know, I have a cough so my brother in law had a talk last month i'm going to go into medicine cabinet and use.

00:39:30.600 --> 00:39:35.850 Eric Sarver, Esq.: His medication, so he may have had an infection and you may have bronchitis harassment, I don't use.

00:39:36.480 --> 00:39:41.280 Eric Sarver, Esq.: That analogy is often now the coven because people are very sensitive to caution, you know and such.

00:39:41.790 --> 00:39:50.250 Eric Sarver, Esq.: But it's the idea that what fits for one doesn't always fit the other and, as you pointed out, having a an update in Hamburg, is not only about.

00:39:50.610 --> 00:39:58.680 Eric Sarver, Esq.: being mindful of the this federal state and city laws, where you're at but also just be interesting to see that your particular industry.

00:39:59.160 --> 00:40:09.600 Eric Sarver, Esq.: Think it's very important to state, and I, one thing I know that you do as an HR company is that when you keep track of those you know say 1112 states as an example.

00:40:10.110 --> 00:40:19.950 Eric Sarver, Esq.: With a you know client had other offices, you know my my experiences that the company, I mean if they were to try to keep track on the room.

00:40:21.180 --> 00:40:28.800 Eric Sarver, Esq.: How would they run their business, how would they deal with customers and hiring and interviewing people, and you know branding and.

00:40:29.430 --> 00:40:39.330 Eric Sarver, Esq.: Dealing with it's a issue with website or getting more materials in or being up to speed so it's really important to have you know I my opinion as an as an employment law attorney.

00:40:39.900 --> 00:40:45.900 Eric Sarver, Esq.: i'm a huge fan of HR companies like yours, and especially you, and yours, because I think you distinguish yourself mark.

00:40:46.260 --> 00:40:56.970 Eric Sarver, Esq.: i've known you for you know, several years now, and I see the work that your company does so, I applaud you for it, and I think the other interesting point to make here is about.

00:40:58.080 --> 00:41:01.680 Eric Sarver, Esq.: As he was talking about the the customer employee handbooks and such.

00:41:03.390 --> 00:41:07.650 Eric Sarver, Esq.: You know just the idea that, as you mentioned before you know it announced invention for a.

00:41:08.220 --> 00:41:19.650 Eric Sarver, Esq.: pound of cure, but I also think it's just really important to kind of grasp the fact that you know each industry has its own unique rules and and boundaries and regulations to follow.

00:41:20.280 --> 00:41:27.210 Eric Sarver, Esq.: So you know good to hear you talking about some some examples that story with the maternity leave i've seen it go the other way also and it's not.

00:41:27.840 --> 00:41:37.830 Eric Sarver, Esq.: pleasant for the company when they under give somebody what they should be entitled to because they use the wrong handbook so so you know, all I think, important points.

00:41:38.700 --> 00:41:51.420 Eric Sarver, Esq.: I wonder, I know you recently written, something I came across interesting enough in one of your newsletters about New York state and some possible changes now unemployment insurance and I.

00:41:51.690 --> 00:42:09.090 Marc Roberts: yeah employers with you must be with everything going on with coven and the levels of unemployment that we've seen throughout cove and especially in the early days of the pandemic with 10s of thousands and 10s of millions of people being on unemployment.

00:42:10.350 --> 00:42:21.750 Marc Roberts: For those that don't know unemployment generally is build back to the company, you have what's called an experience rate and you get a bill, and you pay a portion of your payroll taxes are based on that experience rate.

00:42:22.590 --> 00:42:36.690 Marc Roberts: So what might have been a normal experience rate has like multiplied geometrically and the State of New York in particular was sending out invoices or to collect back unemployment dollars and.

00:42:37.770 --> 00:42:42.060 Marc Roberts: We had we were in discussions with a not for profit up in westchester that.

00:42:43.020 --> 00:42:46.560 Marc Roberts: While they have several hundred employees in the world and great work that they do.

00:42:46.920 --> 00:42:58.740 Marc Roberts: They got billed for well in excess of $100,000 and they've never seen it was a number that they had never seen in the holly 17 years that they've been in business, even in the worst of times.

00:42:59.460 --> 00:43:11.580 Marc Roberts: And it was just astronomical and they just had no way to audit this and that's why they were talking to us, we were potentially going to go in and do an audit and go line by line by line and.

00:43:11.670 --> 00:43:15.210 Marc Roberts: That is not only that company, but every company got a huge bill.

00:43:15.660 --> 00:43:24.630 Marc Roberts: And it just got to be absolutely insane so what the state has done remarkably again, considering the the situation that they're in.

00:43:25.320 --> 00:43:33.360 Marc Roberts: They have said, you know what they're going to eat all of those unemployment costs for the time being because they were potentially going to bankrupt.

00:43:33.990 --> 00:43:41.730 Marc Roberts: Companies if they had to pay that money was just astronomical so I can't say it's 100% all situations.

00:43:42.090 --> 00:43:48.840 Marc Roberts: But if you have a question and particular reach out we'd be happy to talk to you about it, but it looks like the state is going to.

00:43:49.530 --> 00:43:59.040 Marc Roberts: eat all of the unemployment insurance costs that would normally be billed to accompany probably for the next few months, I can't say how long it's going to go.

00:43:59.340 --> 00:44:12.420 Marc Roberts: But for the time being they're going to do that, which again comes back to this it's going to put additional pressure on finding money elsewhere, because all right that unemployment revenue that they normally collect does not come in so.

00:44:13.080 --> 00:44:20.880 Eric Sarver, Esq.: Right right the the pressure of well we can't collect unemployment insurance, maybe we can find which companies most businesses are.

00:44:21.180 --> 00:44:36.210 Eric Sarver, Esq.: Miss classifying their independent contractors as employees, which ones are say i'm not paying crack overtime, or which ones are violating the minimum wage standards, so I think you know all all things to consider it goes back to that earlier about.

00:44:37.650 --> 00:44:49.950 Eric Sarver, Esq.: The low hanging pardon me low hanging fruit that businesses can he come for the state when the State needs money, and you know I think we have one thing i'll say is what we're talking about tonight.

00:44:51.000 --> 00:45:07.710 Eric Sarver, Esq.: The message really like the underlying message is not one again of it's not a doom and gloom forecast here it's sort of to be aware of what hazards a weed the silver lining the positive side of the messages that something can be done about it, I think that's.

00:45:07.770 --> 00:45:14.160 Eric Sarver, Esq.: Absolutely right, and I think you know, sometimes when people hear about all the possible problems that they can face.

00:45:14.550 --> 00:45:18.270 Eric Sarver, Esq.: They shut down and say oh my God there's too much I don't want you to deal with this, but the truth is.

00:45:18.630 --> 00:45:28.200 Eric Sarver, Esq.: That you can deal with these situations, with the help of an expert, such as yourself, or would help with an employment lawyer, like myself, and you can you know work with your.

00:45:28.620 --> 00:45:36.840 Eric Sarver, Esq.: Professional to to break this down into steps and to make it something that you can you can take care of so I thought that might be a great.

00:45:37.920 --> 00:45:46.770 Eric Sarver, Esq.: message before the commercial break which we have to take one more time to just say again i'm Eric sovereign employment law business law attorney and also.

00:45:47.310 --> 00:45:57.990 Eric Sarver, Esq.: host each Tuesday night 5pm to 6pm here on talk radio nyc with my guest tonight mark Roberts from my HR department stick around we'll be right back.

00:48:16.530 --> 00:48:26.400 Eric Sarver, Esq.: Welcome back to the employment law today i'm your host erick solver here tonight with my my guest friend and colleague mark Roberts and managing partner of my HR department.

00:48:27.090 --> 00:48:38.730 Eric Sarver, Esq.: company that can help your business with the HR needs and mark before diving into another question I want to just reflect back a bit, you made a really interesting point earlier tonight.

00:48:39.270 --> 00:48:50.670 Eric Sarver, Esq.: You said, besides the risk of fines penalties department of Labor lawsuits that say from disgruntled employees, besides those expenses.

00:48:51.210 --> 00:49:00.120 Eric Sarver, Esq.: there's the risk of that if you don't comply with the Labor and employment laws, you can be it hurts your brand right that if you're sued safe for discrimination in the workplace.

00:49:00.450 --> 00:49:06.570 Eric Sarver, Esq.: And I think that's a really important point now in the time a coven and here's why in my in my assessment.

00:49:07.170 --> 00:49:14.700 Eric Sarver, Esq.: Though the laws around coven 18 are still evolving least some of them and, for example, the eeoc guidance around whether.

00:49:15.060 --> 00:49:25.290 Eric Sarver, Esq.: Employers can can require mandate, a vaccine for its employees let's say their religious objections, or can they give out incentives, the laws are changing and.

00:49:25.620 --> 00:49:31.890 Eric Sarver, Esq.: One thing i've noticed it that when there's a hot issue of the day and it's in flux and it's unknown.

00:49:32.190 --> 00:49:39.090 Eric Sarver, Esq.: It gets a lot of publicity gets a lot of press, so you know i've had clients just a couple anecdotes i've had over the last say 11 months.

00:49:39.570 --> 00:49:50.340 Eric Sarver, Esq.: Where client had a an employee who long story short, wanted a reasonable combination to work from home and the company wanted her to come in and.

00:49:51.270 --> 00:49:58.290 Eric Sarver, Esq.: Basically it came down to a question of whether or not her pre existing condition which is not in of itself with disability.

00:49:58.680 --> 00:50:05.610 Eric Sarver, Esq.: well qualified disability under the Ada under coven, and this is an issue the courts is still in my what i've read still sorting through.

00:50:06.060 --> 00:50:10.470 Eric Sarver, Esq.: So the eventually the question we had to ask my client at to ask them is you know.

00:50:10.950 --> 00:50:20.160 Eric Sarver, Esq.: If this does your does go to court is going to get a lot of publicity you get a lot of press, do you want your name on that type of press.

00:50:20.430 --> 00:50:27.540 Eric Sarver, Esq.: That you're in the company being sued for not allowing and worker and the combination, so I just want to my point is an echo in your point that.

00:50:28.260 --> 00:50:42.720 Eric Sarver, Esq.: one's brand concern for data compliance and when you have a hot issue like coven 19, which is always in the news right if you refresh your newsfeed right now you'll see coven in the top five headlines just really important to be to be on track, so I appreciate your mentioning that.

00:50:43.080 --> 00:50:49.050 Marc Roberts: yeah and you know just to piggyback off of what you said before the last break is yes it's not all doom and gloom.

00:50:49.470 --> 00:50:54.750 Marc Roberts: It is wonderful to be able to have a business to run a business, whether you're doing great work.

00:50:55.230 --> 00:51:06.570 Marc Roberts: And the not for profit arena, you have a wonderful mission or you're carrying on a family legacy like carrying the business forward for the last whatever number of years, it is wonderful.

00:51:07.290 --> 00:51:17.070 Marc Roberts: But, just like you hire an accountant to do your your accounting work, just like you hire an attorney to do your legal work your contracts and all of that good stuff.

00:51:17.790 --> 00:51:24.900 Marc Roberts: You really should think about hiring an HR consultant, and it doesn't have to be a marriage, they have now and forever.

00:51:25.170 --> 00:51:33.360 Marc Roberts: It could be just to get you started, just like you would hire an attorney to draft all those important contracts that you have in your business.

00:51:33.690 --> 00:51:47.880 Marc Roberts: hire the HR consulting group to help you get your payroll is set up help you get your policies and procedures in place help you start building your business or carrying on your business with a proper foundation.

00:51:48.390 --> 00:51:58.530 Marc Roberts: If you have ongoing needs we as a company we're happy to be there, we do operate in some cases, as an external HR department, but in other cases where a phone call away.

00:51:58.950 --> 00:52:06.540 Marc Roberts: Do it right, if you buy a sports car fancy sports car you're going to take it to the car wash you going to wash it you're going to lax it you're going to garage it.

00:52:07.050 --> 00:52:16.380 Marc Roberts: Your employees are the biggest investment you're going to make in your business don't let it become rusty lack of wax lack of cleaning lack of care and attention.

00:52:17.790 --> 00:52:32.760 Marc Roberts: Do do the right thing and you'll be able to run your business without any hiccups along the way can't guarantee that things are not going to happen, but we can minimize those things along the way, and you can enjoy the experience of running your business.

00:52:34.440 --> 00:52:42.240 Eric Sarver, Esq.: You know and that's all I think interesting point there as well, that you know it could be hiring you and your company just to help.

00:52:42.600 --> 00:52:49.860 Eric Sarver, Esq.: The business gets set up and get the Foundation in order and and they can come back to you, and they need to have time to time, or they can.

00:52:50.340 --> 00:52:57.150 Eric Sarver, Esq.: or, in some cases, have you as an internal HR department, I think that's an important point to get across because I think a lot of times when.

00:52:57.540 --> 00:53:07.110 Eric Sarver, Esq.: Businesses that i've met are assessing should I hire an HR consultant to hire us I computer consultant tech themselves in the assumption almost that.

00:53:07.560 --> 00:53:16.770 Eric Sarver, Esq.: they're going to hire them as if they're hiring a full time employee and that this is something that is going to be a continual ongoing week to week cost and.

00:53:17.730 --> 00:53:26.580 Eric Sarver, Esq.: You know that's often not the case, I mean the word I do for my clients sometimes it's, as you mentioned drafting those initial contract getting the corporation set up.

00:53:26.970 --> 00:53:33.060 Eric Sarver, Esq.: Maybe drafting the employee contracts, maybe guiding them through the onboarding process to know you i'm sure you do as well.

00:53:33.420 --> 00:53:40.350 Eric Sarver, Esq.: And then other times they they might not talk to me or need my help for 6789 months, and then I make it a call or an email.

00:53:40.860 --> 00:53:54.180 Eric Sarver, Esq.: From you know my client, you know hey Eric we have this issue come up, can you assist us and I imagine that's what I hear you saying as well that you guys, are you can work on an immediate basis or as needed, which I think is good to know.

00:53:55.470 --> 00:54:04.440 Eric Sarver, Esq.: You know I don't know i've often often another observation I need about HR consulting firms companies such as yours, if my name.

00:54:05.070 --> 00:54:13.290 Eric Sarver, Esq.: Is that i've often seen the issue that businesses have mark that they can learn about and know what the law requires.

00:54:13.740 --> 00:54:20.880 Eric Sarver, Esq.: That sandy go to a seminar, we can you know, a webinar or both i'm thinking get a bunch of materials in the mail.

00:54:21.390 --> 00:54:31.950 Eric Sarver, Esq.: But knowing what you have to do it's like as a bridge almost like a leap, and like you're on one side of a stream and you know you have to take it to the side of the stream, but how do you get there.

00:54:32.640 --> 00:54:43.620 Eric Sarver, Esq.: Maybe your D and jump into to 4G get a bunch of steps and build a bridge, so I think that you know one thing i've noticed with HR companies is that they can help the client to implement.

00:54:44.460 --> 00:54:55.680 Eric Sarver, Esq.: The things they need to do with certain protocols in place and procedures, I just wonder if you happen to that's something that you see as well, that your role in terms of any current company.

00:54:55.860 --> 00:55:03.000 Marc Roberts: Oh absolutely you know people have come to us on various policy issues that they want to address and they weren't quite sure.

00:55:03.420 --> 00:55:15.540 Marc Roberts: How how to address that and and we do that, and you know to your point, you know, several organizations out there, they say they provide HR services and what do they do, they provide their clients as subscription.

00:55:16.020 --> 00:55:32.190 Marc Roberts: To a an HR newsletter show me a business owner that really has the time and attention to read that newsletter understand it, implement and and and monitor going on, so it's it's you don't you know, like I said we don't have to be there forever.

00:55:32.610 --> 00:55:33.090 Eric Sarver, Esq.: In fact.

00:55:33.510 --> 00:55:42.630 Marc Roberts: we're not the cheapest solution out there, but we can get you set up and then being a maintenance mode and maybe come in periodically to see that everything's going right.

00:55:43.020 --> 00:55:51.360 Marc Roberts: Or we can just you know be available on an as needed basis, I mean for some clients, we are their HR Department on an outsourced basis.

00:55:51.600 --> 00:55:58.440 Marc Roberts: But for other clients, you know we have you know we do project work we do you know we we have a pay as you go model.

00:55:59.010 --> 00:56:04.980 Marc Roberts: More and more clients are going to our managed service model that includes not only access to our team of consultants.

00:56:05.280 --> 00:56:23.880 Marc Roberts: But a lot of the various services and things that they're going to need on an ongoing basis, like annual sexual harassment training handbook updates audits, etc, you know so there's many, many ways to skin the cat but you know we're available and ready to ready to help at any time.

00:56:25.620 --> 00:56:35.100 Eric Sarver, Esq.: Mark more that's all again really good to know i'm glad that our viewers and our listeners in here that we've got about two minutes to wrap up the show what i'd like to do is.

00:56:35.790 --> 00:56:46.470 Eric Sarver, Esq.: Save 30 seconds myself to end the show, but in a Min and a half or so, would you want to share any updates events promotion, how we contact you anything like that, so far as yours.

00:56:47.310 --> 00:57:04.980 Marc Roberts: Well, easy part is to contact us, you can call us at area code 914-243-9155 or you can send me an email at mark ma RC it myth or D biz and either way we'll be happy to get back in touch with you or.

00:57:06.210 --> 00:57:12.300 Marc Roberts: or speak with you about your needs in terms of events right now we are working on a couple of webinars.

00:57:13.260 --> 00:57:26.250 Marc Roberts: We happen to do a great amount of work in all industries, but, in particular, not for profit sector and we're working on a program that is going to incorporate how to get employees back to the work for us back to the workplace.

00:57:27.810 --> 00:57:30.870 Marc Roberts: Too much to get into at this point, but we are.

00:57:32.100 --> 00:57:37.830 Marc Roberts: You know, living with with what we've gone through has a little bit of a ptsd aspect to it.

00:57:38.190 --> 00:57:45.120 Marc Roberts: and employees and employers need to understand that going forward that employees are going to be a little freaked out when they have to walk into that.

00:57:45.420 --> 00:57:50.520 Marc Roberts: 50 story office tower and getting the elevator with 20 people is like oh my God how's that going to work.

00:57:50.850 --> 00:58:01.110 Marc Roberts: or being around people in the lunch room where they work, I mean there's a whole host of issues so we're working on a program of that nature and we're also working on a on a program in and around.

00:58:02.730 --> 00:58:18.720 Marc Roberts: And how to you know the laws, the implications of the vaccine and back to Eric you and I need to talk about that a little bit more as well, so best way is send us a note get our newsletter and you'll be up to date or follow us on social media, please.

00:58:22.560 --> 00:58:31.440 Eric Sarver, Esq.: Absolutely so sorry to cut in mark that but absolutely Thank you so much for being on the show folks you've been listening to mark Roberts tonight my HR department.

00:58:31.830 --> 00:58:40.590 Eric Sarver, Esq.: i'm Eric Sava host of employment law today you like it, you heard judge join us Tuesday nights 5pm to 6pm here on talk radio nyc.

00:58:41.370 --> 00:58:51.330 Eric Sarver, Esq.: Mark Thank you once again, we need to end the show, but I hope everyone at home really got some value benefit, and I thank you for being here so have a great night and.

00:58:51.960 --> 00:58:52.470 Marc Roberts: we'll be in thanks.

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